can my in-laws take my husband car after his death

Resolved Question:

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ScottyMacEsq :

Has your husband already died and they took his car, or are you asking a hypothetical question?

Customer:

My husband is in the hospital with stage 4 cancer. His family sak him for the car, my husband said no it belong to my wife, they are still asking for the car. I just made the last payment on it for my husband.

ScottyMacEsq :

Does he have a will? Is there a reason that they're asking for the car?

Customer:

we don't have a will. The company will be mailing the ownership soon for my husband,Te family wants it for a nephew. I cannot drive and my daughter is only 12

ScottyMacEsq :

I see. No, his family cannot legally take the car. They can attempt it (like a burglar can "take" your TV) but they would have no legal claim to the car. When there is no will, property passes via the laws of "intestate succession", meaning that who gets the property is set by law.

ScottyMacEsq :

And when there is a surviving spouse and child, then they're going to get the property, and parents of the deceased, inlaws, etc... have absolutely no legal claim to it.

ScottyMacEsq :

Only when there is some legal claim (such as a contract, etc...) that he would give them the car in exchange for something of value (such as them caring for him, etc...) would that be a cognizable legal claim.

ScottyMacEsq :

But without such an agreement, they would literally have no legal claim that they could take the car.

Customer:

My husband is very worried he cannot walk the cancer is spreading and his family only care about a car

ScottyMacEsq :

Now again, they can take the car, but cannot get it retitled, change ownership, etc... and you can sue for the recovery.

ScottyMacEsq :

That's very unfortunate to hear, but I hope that this clears things up on their rights (or complete lack of) to this vehicle.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

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